Miss P Walicka Mr J Marks-Crockett v Testerworld Limited — 2023

The Tribunal entered a Rule 21 judgment because the respondent had not presented a response and the judge considered the complaints could properly be determined on the available material. The respondent company's administrators had consented to the claims continuing.

The Tribunal found that as at 9 May 2022 the respondent was proposing to dismiss as redundant 20 or more employees within 90 days or less at the Bilton Road, Basingstoke depot/site. The claimants were employees who may have been affected by the proposed dismissals and were dismissed as redundant on 30 June 2022.

The Tribunal found that there was no recognised independent trade union, no existing employee representatives with authority to be consulted, and no representatives elected for section 188 purposes because the respondent did not invite affected employees to elect them. The respondent failed to comply with section 188, had not shown special circumstances making compliance not reasonably practicable, and there had been no consultation at all with no mitigating circumstances. A protective award was made for the maximum protected period of 90 days for each claimant. The unfair dismissal claims were dismissed after withdrawal.